Scott nominates new Supreme Court justice

Gov. Phil Scott recently announced Judge Karen Carroll, of Vernon, Vt., will replace Justice John Dooley on the Vermont Supreme Court. Judge Dooley is set to retire on March 31, 2017.(Photo11: Kristopher Radder/Brattleboro Reformer)

Carroll, 54, has served as a superior court judge in Windham, Windsor and Bennington counties since December 2000. She previously worked as a prosecutor for the Southern Vermont Drug Task Force and at the same time prosecuted serious federal drug cases as a special assistant United States attorney.

The daughter of a Vermont State Police officer, Carroll attended Proctor High School and studied criminal justice at Salve Regina College in Newport, R.I., as well as English and French literature. She began her legal career as a deputy state's attorney in Windham County after graduating from Vermont Law School in 1988.

"Among a pool of very strong and capable candidates, Judge Carroll distinguished herself based on her depth of experience, character, integrity, and — most importantly — understanding and application of the law," Scott said in a statement.

In a telephone interview, Carroll said she was interested in joining the Supreme Court because she has become deeply involved in judicial policy. She is the current chairwoman of the Judiciary Criminal Division Oversight Committee, which works on issues such as protocol for after-hours bail or conditions of probation. The Supreme Court approves policies for every court in the state.

When asked what she was most proud of in her legal career, Carroll said she was proud of the way she treated people in the courtroom.

"Attorneys comment to me frequently about my demeanor in court and how I make people feel welcomed and that they’re heard," Carroll said.

Gov. Phil Scott recently announced Judge Karen Carroll, of Vernon, Vt., will replace Justice John Dooley on the Vermont Supreme Court. Judge Dooley is set to retire on March 31, 2017.(Photo11: Kristopher Radder/Brattleboro Reformer)

Windsor County State's Attorney David Cahill said Carroll excelled at connecting with attorneys and defendants alike.

"She was interacting with them not just as a judicial officer, but also as a fellow human being," Cahill said.

Carroll interacted personally with people facing DUI charges when she presided over a Windsor County treatment docket in 2014-15. The treatment court model schedules regular court appearances for individuals in treatment to check on their progress.

"I found it a really valuable experience, being able to interact with litigants in court on a really meaningful and intimate level," Carroll said.

Windham County State's Attorney Tracy Shriver first met Carroll in 1999, when Carroll was an assistant attorney general working on drug task force prosecutions.

"My recollection was that she was a tough but fair prosecutor," Shriver said, adding later, "When she became a judge here, she had her former boss Dan Davis standing in front of her, and that didn’t faze her."

Carroll's tenure as a Superior Court judge included a 2004 decision in a sexual assault case that was reversed by the Vermont Supreme Court two years later. The high court found that Carroll erred by not fully reviewing files that cast doubt on the credibility of a 13-year-old girl who accused a counselor at Brattleboro's Austine School for the Deaf of forcing her to perform sex acts. The counselor's conviction was overturned.

In 2007, Carroll overruled another judge's decision in Brattleboro when she found that a search warrant for a police sting on a defense attorney should never have been approved. Carroll said the search warrant, which worried defense attorneys across the state, lacked probable cause. She ordered police and prosecutors to turn over all copies of a tape-recorded conversation obtained under the warrant.

Carroll's appointment to the Supreme Court is expected to begin April 1 but must be confirmed by the state Senate.

If confirmed, Carroll would take the place of Associate Justice John Dooley, who will retire at the end of the month after 30 years on the Supreme Court.

Scott's predecessor, Gov. Peter Shumlin, had intended to name a justice to fill Dooley's seat in January. Republican lawmakers challenged Shumlin's authority to appoint a new justice months before the seat would be vacant, and the Supreme Court blocked the appointment in the final hours of Shumlin's tenure as governor.